Township of New Garden

ACCESSORY BUILDING

A building subordinate to the principal buildings on a lot and used for purposes customarily incidental to those of the principal building, not used as a residence, or human occupancy.

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar equipment.

ACT

The Pennsylvania Municipalities Planning Code, Act 247 (53 P.S. § 10101 et seq.), as amended.

ADAPTIVE REUSE

An historic resource which undergoes a process of rehabilitation, thus making possible a compatible new use for the property through repair, alteration and additions which retain the historic character of the property by retention of distinctive material and features of the structure which convey its historical cultural or architectural value.

AGE-QUALIFIED UNIT

A residential unit within an age-qualified community.

AGRICULTURAL/FARM PRODUCTS

A plant grown and harvested on a tract of land in agricultural use intended for sale to the general public.

AGRICULTURE

The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nurserying, horticulture, mushroom growing, and the breeding and raising of customary domestic animals, but excluding cats and dogs.

AIRPORT

The New Garden Flying Field.

AIRPORT ELEVATION

The highest point of the airport's usable landing area measured in feet from mean sea level.

AIRPORT HAZARD

Any structure or object of natural growth located on or in the vicinity of the airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

AIRPORT ZONING ACT

The Airport Act of the Commonwealth of Pennsylvania, Act of April 17, 1945, P.L. 237, § 5911 et seq. as the same may be amended from time to time.

ALL-WEATHER SURFACE

A pavement constructed of materials such as macadam, bituminous concrete, portland cement concrete, grasscrete pavers, unistone pavers, or other surfaces approved by the Township Engineer.

ALTERATIONS

Any change to a building or structure in one of the following manners:
A. All incidental to changes or replacements in a nonstructural part of a building or other structure.
B. Changes or replacement in the structural part of a building or other structure, including but not limited to the following or similar type change:

(1) Changes to interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created.
(2) Changes to interior partitions in all other types of buildings or structures.
(3) Creating new windows or doors in exterior walls.
(4) Strengthening the load-bearing capacity in no more than 10% of the total floor area.

ANTENNA, MICROWAVE

A parabolic ground based reflector together with its pedestal and any other attachments and parts thereof commonly referred to as a disk shaped antenna, used or intended to receive radio or electromagnetic waves from an overhead satellite.

ARRAY AREA

The area of the entire solar panel field, measured from the outside edges of all solar panels.

BASE STATION

A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.

A. The term includes, but is not limited to, equipment associated with wireless communications services, such as private broadcast and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmissions) such as microwave backhaul.
B. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
C. The term includes any structure other than a tower that, at the time of the relevant application is filed with the Township under this chapter, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
D. The term does not include any structure that, at the time the relevant application is filed with the Township under this chapter, does not support or house equipment described in Subsections A and B of this definition.

BASEMENT

A level, enclosed area partly or completely below grade, provided no more than 1/3 of the perimeter walls are five feet or more above grade, and if the net area of the door and window openings is at least equal to 10% of the enclosed floor area.

BILLBOARD

A type of sign which involves advertising for a business other than conducted on the premises or for a product or service not offered on the premises on which the sign is located.

BLOCK

A type of structure which has enclosing walls and a roof and rests on any foundation.

BREW PUB

A combination brewery and restaurant that sells 50% of more of its brewed beer on-site. The beer is brewed primarily for sale in the restaurant, but beer may be sold for off-site consumption, and shall produce a minimum of 250 barrels per year.

BROADCASTING STATION

A building or area of land used to transmit television or radio programs to the general public.

BUFFER

A continuous strip of land adjacent to the lot lines which is clear of buildings and paved areas and is adequately landscaped in accordance with this chapter to establish visual separation between incompatible land uses.

BUILDING

Any structure which is designed, intended or arranged to provide shelter, refuge, cover, enclosure or protection to any person, animal, process, equipment, goods, materials or uses of any kind.

BUILDING HEIGHT

The vertical distance measured from the average finished grade at all corners of the foundation (at least eight points if circular building), to a point midway between the highest and lowest points of the roof excluding chimney or superstructures above the roof.

BUILDING SETBACK LINE

An established line within a property defining the minimum required distance between any structure to be erected and the existing right-of-way of an adjacent street or roadway and/or lot line(s).

BUILDING/STRUCTURE COVERAGE

The ratio of the total square footage of all structures situated on a tract, lot or parcel to the total square footage of the tract, lot or parcel containing such structures.

BULK

The size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines and therefore includes:

A. The size, including height and floor area of buildings and other structures.
B. The relationship of the number of dwelling units in a residential building to the area of the lot.
C. All open areas in yard space relating to buildings or other structures.

CAFE

A small and informal dining establishment with a maximum size of 2,500 square feet of gross leasable area, serving limited food and beverages.

CERTIFICATION OF OCCUPANCY

A statement signed, issued and enforced by the Zoning Officer upon completion of construction of a new building or upon change or conversion of the structure or use of a building, which establishes that a building complies with all requirements and regulations as provided in this chapter and other applicable codes, and that the same may be used for the intended uses.

CIVIC SPACE

Includes spaces used for community activities, including open-air environments where public activities occur, and generates economic, environmental and social benefits to the community, such as spaces in the form of a common green space, a pedestrian gathering area, a green, a courtyard or a parklet.

CLUSTER

A development designed to arrange buildings and lots into groups to concentrate support services, and create common open space, but permitting a reduction to minimum lot area and yard area requirements.

CO-LOCATION or CO-LOCATED

The mounting of one or more WCFs, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.

COMMERCIAL

Any activity carried out for monetary gain, including retail sales, services, offices, etc.

COMMUNITY SEWER SYSTEM

A system which carries sewage from individual discharges by a system of pipes to a common, privately owned treatment or disposal facility serving the community or development.

COMMUNITY WATER SYSTEM

A system which provides water from a common, privately owned water source through a pipe system to individual users in the community or development.

COMPOSTING

The process of organic decomposition of materials with supplemented nutrients to produce a food selectively favorable for growing special crops.

CONDITIONAL USE

A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district when specific conditions and factors prescribed for such cases are present.

CONDOMINIUM

A type of ownership and not a type of use, wherein each unit is owned in fee by its occupant, while the land and such appurtenances as driveways, parking areas, sidewalks, landscaping, recreational facilities, and on-site utilities remain under the ownership, with full responsibility for maintenance, of the developer or any corporation holding title to such land and appurtenances.

CONSERVANCY LOT

A large, privately owned and maintained lot containing an existing dwelling, farm complex or historic structure, comprising part of the required common open space in a cluster subdivision.

CONSTRAINED LANDS

Selected resources listed below, multiplied by a protection factor and totaled.

Resource	Area of Resource (acres)	Protection Factor	Constrained Land (acres)
Existing road and utility rights-of-way		x 1.0	=
That portion of lands under conservation easement or other permanent restriction that are restricted from further development		x 1.0	=
100-year floodplain, including the floodway		x 1.0	=
Wetlands		x 0.95	=
Steep slopes (over 25%)		x 0.85	=
Precautionary slopes (15% to 25%)		x 0.35	=

CONTIGUOUS ACRES

Adjacent and having a common edge or boundary. Not interrupted by other acreage or by public streets.

CONVERSION

An alteration of an historic resource by change of use theretofore existing to a new use which imposes other special provisions of law governing adaptive reuse rehabilitation and zoning regulations.

COURTYARD

An unroofed or roofed outdoor public space at grade level, that is open on one or more sides and typically formed by a building wall and/or a landscape structure such as a wall, hedge, ornamental landscaping or trellis.

DENSITY, GROSS

The allowable number of dwelling units per acre, calculated by dividing the total number of dwelling units proposed by the total number of acres within a tract of land.

DENSITY, NET

The maximum number of dwelling units permitted, calculated by dividing the total number of proposed dwelling units by the net tract area.

DEVELOPMENT

Any man-made change to improved or unimproved property, including but not limited to buildings and other structures, the placement of manufactured homes/mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations. The subdivision of land shall be considered development.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

DUMP

A tract of ground, or portion thereof, used for deposit and storage of refuse, including but not limited to garbage, ashes and rubbish. The definition of dump does not include a sanitary landfill as defined by this chapter and when operated in accordance with standards and regulations established by the Pennsylvania Department of Environmental Protection or the Chester County Health Department.

DWELLING

Any building or part thereof designed for or occupied exclusively as a residence for only one family maintaining a single housekeeping unit.

DWELLING UNIT

A room or rooms within a building connected together, constituting a separate independent housekeeping establishment for a single family, for owner occupancy or for rental, lease or other occupancy on a monthly or longer basis. Units shall be physically separated from other units and shall contain independent cooking, sleeping and lavatory facilities.

EDUCATIONAL INSTITUTE

A use requiring certification, licensing or review by the Pennsylvania Department of Education.

ELECTRICAL TRANSMISSION STRUCTURE

Transmission poles and towers in rights-of-way, easements and electric company property.

ELIGIBLE FACILITIES REQUEST

Any request for the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

A. Co-location of new transmission equipment;
B. Removal of transmission equipment; or
C. Replacement of transmission equipment.

ELIGIBLE SUPPORT STRUCTURE

Any tower or base station, provided that it is existing at the time the relevant application is filed.

EMERGENCY

A condition that:
A. Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

ENLARGEMENT

An addition to the floor area of an existing building, an increase of size of another structure, or an increase in that portion of lot occupied by an existing use.

ENVIRONMENTALLY SENSITIVE AREAS

Areas highly susceptible and vulnerable to significant adverse impacts upon their physical, chemical and biological characteristics from land development, land disturbance or other human influence. Such areas shall include, but not be limited to, floodplains, floodways, flood fringes, prime woodlands, steep slopes in excess of 20%, surface waters, wetlands, and potential sinkhole activities and/or areas.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.

EQUIVALENT DWELLING UNIT (EDU)

That unit or amount of sewerage produced, as determined by the Chester County Health Department, as being equal to the amount produced by a typical or average dwelling unit.

EXCEPTIONAL NATURAL AREA

Any area identified as an exceptional natural area by a governmental agency.

FALL ZONE

The area within which the blades of a wind turbine may fall if the blades become detached in whole, or in part, from the wind turbine.

FAMILY

Occupants of a dwelling unit under one of the following categories:

A. A single person.
B. Two or more persons related by blood or marriage, including no more than one boarders, roomers or lodgers.
C. No more than four unrelated persons living together as a single household unit sharing one common cooking facility.
D. Foster homes as an extension of a family which presently resides in a dwelling.

FCC

Federal Communications Commission.

FLOOD

A temporary inundation of normally dry land.

FLOOD, ONE-HUNDRED-YEAR

A flood of a magnitude that is likely to occur an average of once every 100 years. While the probability of its occurrence is a one-percent chance each year, the flood may occur in any year.

FLOODPLAIN

A relatively low, flat land area adjoining a watercourse which is subject to partial or complete inundation. Areas subject to unusual and rapid accumulation or runoff of surface waters from any source.

FLOODWAY AND FLOODWAY FRINGES

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude, in accordance with applicable Federal Emergency Management Agency (FEMA) criteria.

FLOOR AREA

The sum of the area of all floors of a building measured from the outside exterior walls; or the center line of a common or party wall separating attached dwellings. In particular, floor area calculations include but are not limited to the following:

A. Basement space if it meets the requirements of a building story.
B. Stairwells, attic space whether or not a floor has been laid, and elevator shafts, providing structural headroom of eight feet or more.
C. Roofed terraces, breezeways and porches, provided that over 50% of the perimeter of these is enclosed.
D. Any other floor space designed for the intended principal use, no matter where it is located within the building.
E. The area of accessory buildings.

FLOOR AREA RATIO

The gross leasable floor area divided by the net area of that lot.

FOOTCANDLE

Unit of light quantity equal to the number of lumens striking an area equal to one square foot.

FOOTCANDLES, MAINTAINED

Under the worst maintenance conditions, including reduced light intensity, the number of lumens striking an area equal to one foot.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvacultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.

GARAGE, PUBLIC

A building other than a private garage, one or more stories in height, used solely for commercial storage, service or repair of motor vehicles.

GREEN, COMMON

An area of common open space, surrounded by streets on at least two and often three or four sides, around which dwellings are arranged.

GROSS FLOOR AREA

The sum of the gross horizontal areas of all floors of a building or buildings measured from the exterior face of exterior walls or from the center line of a common wall separating two buildings but excluding interior parking spaces or interior loading spaces for motor vehicles.

GROSS LEASABLE AREA (GLA)

The total floor area designated for tenant occupancy and exclusive use, including basements and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

GUEST HOUSE

A single-family dwelling containing guest rooms available for short-term overnight rental.

HAZARDOUS WASTE

As defined in Section 103 of Pennsylvania Act 96 (1980), the Solid Waste Management Act.

HEDGEROW

A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak). For the purposes of this Zoning Ordinance, Chapter 200, hedgerows are considered woodlands and regulated as such.

HEIGHT

For the purposes of determining the height limits in all zones set forth in this chapter, the datum shall be mean sea level elevation unless otherwise specified.

HEIGHT OF A WCF

A. The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances; or
B. The minimum height necessary for a freestanding WCF to function satisfactorily.

HISTORIC RESOURCE

Any building or structure which historically is representative and contributing to an understanding of the broad patterns of local, state or national history and identified as an historic building on the Historic Resources Map adopted by this article.

HISTORIC RESOURCES MAP

The map and supporting materials more particularly described herein.

HOME OCCUPATION

An accessory use constituting entirely or partly the livelihood of person(s) living in a single-family dwelling unit.

IMPERVIOUS COVERAGE

The same as the definition of "lot coverage/tract coverage".

IMPERVIOUS SURFACE

Any material or combination of materials which prevents or significantly impedes the penetration of water, in the immediate area, from the ground surface or from the surface of the material to the underlying soil. Crushed stone, gravel, paved areas, porous paving and similar materials and materials which have a tendency to compact over time or through use shall be considered impervious surfaces.

INCINERATOR

A facility designed to reduce municipal solid waste by combustion. Incinerators consist of refuse handling and storage facilities, furnaces, subsidence chambers, residue handling and removal facilities. Chimneys and other air pollution control equipment and may or may not include heat exchange equipment for energy recovery.

INDUSTRIAL

Those activities involving manufacturing or processing of products and materials to produce a new product.

INDUSTRIAL PARK

A unified plan for development of a single property into three or more sites held in single or separate ownership for industrial or manufacturing establishments.

INTENSIVE FEED LOT

An agricultural operation intended primarily as a final feeding operation to be used immediately before sending livestock to market.

INTERMEDIATE CARE FACILITY

An institution which provides on a regular basis health-related care and services to resident individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of their mental or physical condition, require health-related care and services above the level of room and board. Intermediate care facilities exclusively for the individuals with intellectual disabilities shall not be considered intermediate care facilities and shall be licensed by the Commonwealth of Pennsylvania.

LIFE CARE CENTER

A planned residential community for the elderly consisting of dwellings, community and health centers, recreation areas and open space.

LIGHT INDUSTRY

Manufacturing establishments of limited employment, small structures, limited traffic and all processes carried on within buildings, have no outside storage.

LIVE-WORK UNIT

A vertical mixed-use unit consisting of both a commercial/ nonresidential and residential use that is occupied by the same resident. The unit shall be the primary dwelling of the occupant.

LIVING UNIT

A separate single-family residential unit. For the purposes of this chapter, two beds within a community care or nursing facility shall be considered equivalent to one living unit.

LOADING SPACE

A space accessible from a street on a lot for the temporary use of vehicles for the purpose of loading and unloading merchandise or materials.

LOT

A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. Such an area shall be separately described by metes and bounds within a legal description which is recorded in the office of the Recorder of Deeds of Chester County with a deed and by an approved subdivision plan so recorded. Every lot shall have frontage on a public or private street.

LOT COVERAGE/TRACT COVERAGE

The ratio of the total square footage of all impervious surfaces situate on the tract, lot or parcel to the net tract area/net lot area of the tract, lot or parcel containing such impervious surfaces.

LOT LINE

A property boundary line of any lot held in single and separate ownership. The lot line shall reflect the legal description for the lot, except for that line abutting a street shall be deemed to be the same as the street right-of-way line.

LOT LINE, FRONT

The line separating the lot from the existing street right-of-way line.

LOT LINE, REAR

Any line, except the front lot line, which is parallel to, or within 45° of being parallel to, and does not intersect any street line.

LOT LINE, SIDE

Any lot line which is not a front lot line or rear lot line.

LOT WIDTH

The horizontal distance between side lot lines measured at right angles to the lot depth.

LOT, CORNER

A lot bounded on at least two sides by streets whenever the lines of such streets extended form an interior angle of 135° or less. All yards abutting streets shall be considered front yards. The remaining yards shall be treated as side yards.

LOT, INTERIOR

Any lot which only has access to a street by either an easement or right-of-way, or any lot which has limited frontage on a street serving solely for access to interior lands.

MAIN STREET ENVIRONMENT

The surroundings of a main thoroughfare characterized by a balance between the needs of pedestrians, shoppers, and residents with the needs of through-traffic in the UD District. The thoroughfare consists of primary retail and commercial uses, a pedestrian-friendly environment, and streetscape elements which may include sidewalks, crosswalks, street trees, street lights, on-street parking, and pedestrian amenities.

MANUFACTURED HOME/MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into a single integral unit capable of again being separated for repeated towing. A manufactured home/mobile home shall arrive at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and connection to utilities.

MANUFACTURING

The mechanical or chemical transformation of materials or substances into a new product, including assembly of parts, and blending of materials such as lubricants, plastics, etc.

MICROWAVE ANTENNAS

A parabolic ground-based reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish-shaped antenna" used or intended to receive radio or electromagnetic waves from an overhead satellite. Microwave dish antennas are structures.

MIXED-USE DEVELOPMENT

A combination of two or more uses in a building or on a lot.

MODIFICATION

The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of existing wireless telecommunications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

MODULAR HOME

A dwelling, partially assembled away from the building site, intended for final assembly on a permanent foundation on its own lot or site.

MONOPOLE

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

MUNICIPAL AUTHORITY

A municipal authority incorporated under the Pennsylvania Municipality Authorities Act, 53 Pa.C.S.A § 5601 et seq., authorized by law to provide utility service in New Garden Township.

MUSHROOM HOUSE

A structure used for the growing of mushrooms in a climate-controlled condition.

MUSHROOM PRODUCTION

An intensive form of agriculture to raise and harvest mushrooms.

NET LOT AREA

The same as "net tract area."

NET TRACT AREA

The area of a tract remaining after the constrained lands have been subtracted from the gross tract area. In all zoning districts, when used for establishing the minimum lot area, maximum density, maximum impervious cover or minimum tract area in any computation of the percentage of lot area, the term "lot area" or "lot size" shall be deemed to mean "net lot area" or "net tract area."

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.

NONCONFORMING LOT

A lot held in single and separate ownership which does not conform to one or more of the applicable area or dimension requirements in the district in which it is located.

NONCONFORMING STRUCTURE

A structure or part of a structure which does not comply with the applicable use, area or bulk regulations in this chapter or amendment where such a structure lawfully existed prior to the enactment of this chapter or subsequent amendment. Nonconforming structures shall include, but not be limited to, nonconforming buildings and signs.

NONCONFORMING USE

A use, of land or a structure, which does not comply with the applicable use provisions of this chapter or amendment, where such use was lawfully in existence prior to the enactment of this chapter or subsequent amendment.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

All non-tower wireless communications facilities, including but not limited to antennas and related equipment. Non-tower WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.

ON-SITE SEWER SERVICE

The disposal of sewage by use of a system solely contained within the confines of a lot on which the use it serves is located as approved by the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection.

ON-SITE WATER SERVICE

A safe, adequate and healthful potable water supply to a single user from a private well or set of wells, as approved by the Chester County Department of Health, and which are located within the confines of the lot on which the use it serves is located.

OPEN SPACE

Any reference to the term "open space" shall mean and refer to "common open space."

OPEN SPACE, COMMON

Except as otherwise specifically provided by the terms of this chapter, an area of land to be permanently restricted and maintained for the perpetual use and enjoyment of residents within a development or neighborhood. Common open space as part of a residential cluster design option shall comply with Zoning Ordinance Article XV and Subdivision and Land Development Ordinance § 170-49.1, Common open space.

PARKING LOT

An offset surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space.

PARKING SPACE

A reasonably level area, available for the parking of one motor vehicle consisting of a dustless, all-weather surface, and shall include either covered garage space or uncovered parking lot space located off the right-of-way. For the purposes of calculating space requirements, driveways or single-family lots can be considered.

PARTY WALL

A vertical or horizontal wall that separates two buildings.

PAVED AREA

The total surface area of a lot which is covered by materials that do not absorb rainfall and runoff, such as parking areas, driveways, walks and similar surfaces.

PEDESTRIAN GATHERING AREA

An outdoor public space that serves as a common green space for patrons and residents typically in the form of a green or parklet, within which pedestrians can sit, relax, dine, walk and/or engage in other leisure-time activities.

PERSON

An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units and types, for which the development plan does not correspond to use, area and bulk regulations established in any one residential district created by this chapter.

PNDI

Pennsylvania Natural Diversity Inventory.

POP-UP USE

A temporary use that may involve activities such as a farmer's market, outdoor dining, an art show, a philanthropic use, an educational use, an outdoor recreational use, or a seasonal use.

PRIMARY SURFACE

A surface longitudinally centered on a runway and extending 200 feet beyond each end of that runway. The width of the primary surface shall be 500 feet. The elevation of any point on the primary surface shall be the same as the elevation of the nearest point on the runway center line.

PRIVATE SCHOOL

A school that is established, conducted, and primarily supported by a nongovernmental agency.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC SCHOOL

A tax-supported school controlled by a local government agency.

PUBLIC SEWER SYSTEM

An off-site publicly operated system in which sewage is conveyed to a publicly operated plant for treatment and disposal through means approved by the Pennsylvania Department of Environmental Protection, within a franchise area, as administered by Township, a municipal authority, or a public utility.

PUBLIC UTILITY

A public utility as that term is defined in the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq.

PUBLIC UTILITY FACILITY

A facility owned and operated by a public utility as defined in this chapter.

PUBLIC WATER SYSTEM

A publicly operated system for supplying water from a common source to two or more users within a franchise area.

PYROLYSIS

The process of chemically decomposing an organic substance by heating it in an oxygen-deficient atmosphere.

RADIO TOWER

A structure erected for the sole purpose of holding antennas to be used as an accessory use specifically for communications via radio by an individual or company holding a valid active radio license issued by the Federal Communications Commission.

RARE SPECIES SITES

Sites which are included in the Pennsylvania Natural Diversity Inventory (PNDI), the Chester County Natural Areas Inventory, or any New Garden Township Botanical Survey as possessing floral or faunal species of concern or sites in which federally and/or state-recognized rare, threatened or endangered species of flora and/or fauna are present. The land area regulated as a rare species site shall be as mapped in the pertinent inventory or survey.

REDEVELOPMENT

The expansion, enlargement, or alternation of an existing building or group of buildings that involves 20% or more of the gross floor area of an existing building or group of buildings.

REHABILITATION

The process of returning an historic resource to a state of utility through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the resource which are significant to its historical, architectural and cultural values.

RELATED EQUIPMENT

Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.

REPLACEMENT

The replacement of an existing wireless telecommunications facility on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

RESIDENTIAL STORAGE SHED

A self-contained structure used solely for the purpose of enclosing, protecting and/or securing objects used in the yard, lawn and home maintenance associated with the residential use on the same lot.

RETIREMENT FACILITY

A development of individual or multiple dwelling units which may include a community center and community care facility and is designed for adult individuals and/or couples who do not have dependent children. The residents thereof need not be actually retired from their occupation or employment.

RIGHT-OF-WAY or ROW

The surface of and space below any real property in the Township in which the Township or commonwealth has ownership, or interest as a trustee for the public, as such ownership and/or interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, crosswalks, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township or commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

RIPARIAN BUFFER

An area of trees and/or other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environments. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters.

For the purposes of this Zoning Ordinance, Chapter 200, the riparian buffer shall be divided into two zones:

A. Zone One: Inner Riparian Buffer. This zone begins at each edge of an identified watercourse and occupies an area of land with a minimum width of 25 feet measured horizontally on a line perpendicular to the edge of the water at bankful flow. Where steep slopes (slopes greater than 25%) are located within 25 feet of a watercourse, Zone One shall extend the entire distance of the steep slope.
B. Zone Two: Outer Riparian Buffer. This zone begins at the outer edge of Zone One and occupies an area of land with a minimum width of 50 feet in addition to Zone One. In cases where Zone One extends beyond 25 feet due to the presence of steep slopes (slopes greater than 25%), the width of Zone Two shall be adjusted so that the total riparian buffer width equals a maximum of 75 feet.

ROAD

Deemed a street, as defined herein.

ROOMING HOUSE

A private dwelling in which at least three but not more than six rooms are offered for lodging for compensation, whether or not table board is furnished to lodgers, and in which no transient guests are accommodated and no public restaurant is maintained.

RUNWAY

A defined and paved area on an airport prepared for landing and takeoff of aircraft along its length.

SCREENING

The use of plant materials, fencing and/or earthen berms to aid in the concealment of such features as parking areas and vehicles within them, and to provide privacy between two or more different land uses which abut one another.

SHOPPING CENTER

A unified, multiple use of a single property for the retail sale of goods including provisions for off-street parking provided on the property.

SIGN

Any letter, word, model, device, symbol or representation intended as an announcement, direction or advertisement, and may be either freestanding, attached to another structure, or painted on the exterior wall of a building or other structure.

SIGN AREA

A. The face of a sign including all lettering, wording, designs and symbols, together with background, whether open or enclosed on which they are displayed, including the frame, but not including any supporting framework and bracing. Where a sign consists of individual letters, numbers, characters or symbols attached to a building, the area of the sign shall be considered that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. Double-faced signs shall have only one face used to compute sign area.
B. For the purposes of determining the permissible area of a sign under the provisions of this chapter, the area shall be taken of that of the smallest imaginary rectangle whose sides would touch the outer boundaries of the sign. Supports which are structural in nature and which convey no message shall be excluded from the area of the sign. In the case of a wall sign, where components are fastened to or painted on a wall within a distinctive panel clearly different in color and/or texture from the surrounding wall, the size shall be based in the dimensions of the panel.

SIGN HEIGHT

The height of a sign is the vertical distance measured from the ground level to the highest point on the sign itself and/or its supporting structure, whichever is higher.

SIGN, ADVERTISING

A sign which offers services or goods produced or available somewhere other than on the lot where the sign is located, including billboards.

SIGN, BUSINESS

A sign which offers services or goods available on the lot where the sign is located.

SIGN, DIRECTIONAL

An informational sign indicating direction, entry, exit, loading or service areas, fire lanes, parking and other information incidental to the primary use and not itself advertising that use.

SIGN, NONCONFORMING

A sign lawfully existing on the effective date of this chapter which does not completely conform to the sign regulations applicable in the district in which it is located.

SIGN, OFFICIAL

A sign erected by the state, county, or other legally constituted governmental body.

SIGN, TEMPORARY

A sign designed to be displayed for less than 60 days, including premises for sale, advertisements during construction, and political signs.

SINGLE AND SEPARATE OWNERSHIP

The possession of real estate by one or more persons which vested interest is separate and distinct from that of any adjoining property.

SITE

For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

SLOPES, PRECAUTIONARY

Those areas of land where the grade is 15% or greater and less than 25%. Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purposes of all New Garden Township ordinances, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope).

SLOPES, STEEP

Those areas of land where the grade is 25% or greater. Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purposes of all New Garden Township ordinances, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope).

SOLID WASTE

Any waste, including, but not limited to municipal or residual wastes, but specifically excluding hazardous wastes; including solid, liquid, semisolid, or contained gaseous materials.

SPECIAL EXCEPTION

Permission, approval or authorization granted by the Zoning Hearing Board for particular uses in accordance with the provisions of Article XX in situations where provision is made by terms of this chapter.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles, farm silos, and light poles.

STORY

The portion of a building located between the surface of any floor and the surface of the ceiling or roof next above.

STREET

A way or thoroughfare, either public or private, used or intended to be used by vehicular or pedestrian traffic. The term "street" shall also include the term "road," "highway," "thoroughfare," "avenue," "place," "parkway," "drive," "boulevard," and any other similar term.

STREET CENTER LINE

A line which is an equal distance from both street lines.

STREET LINE

The legal right-of-way line of a public street.

STREETSCAPE

The elements of a street space, including the street or road, adjoining buildings, and such features as street trees, street lights, and sidewalks, which create the form and character of the space for use by motorists and pedestrians both within the right-of-way and within a portion of the front yards.

STRUCTURE

Any man-made object, assembly or combination of materials, preformed or fabricated objects having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

The New Garden Township Subdivision and Land Development Ordinance of July 1999, as amended.

See Ch. 170, Subdivision and Land Development.

SUBSTANTIALLY CHANGE

1) Any increase in the height of a wireless support structure by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth in this chapter or the WBCA if necessary to avoid interference with existing antennas; or 2) any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array. Changes in height should be measured from the original support structure in cases where deployment is or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Federal Spectrum Incentive Act.

TEMPORARY USE

Any activity, structure, fixed or moveable, that is to be in place less than 10 consecutive days or less than 20 calendar days in any one calendar year.

TRACT

An area, lot, parcel, site, or property (or a combination thereof) that is held by one owner or owners in common, that is the subject of a subdivision and/or land development plan application packet.

TRACT AREA, GROSS

The area of land contained within the title lines of a tract. Any portion of a tract included in an existing street right-of-way shall not be included in calculating gross tract area.

TRANSMISSION EQUIPMENT

Equipment that facilitates transmission for any Federal Communications Commission-licensed or -authorized wireless communications services, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

TREE PROTECTION ZONE (TPZ)

An area that is radial to the trunk of a tree in which no construction activity or other disturbance shall occur. The TPZ shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to a location three feet beyond the dripline of the tree, whichever is greater. Where there is a group of trees, the TPZ shall be the aggregate of the protection zones for the individual trees. No land within the tree protection zone shall be altered, regraded, compacted or built upon, or used for storage, parking or movement of any vehicles.

TURBINE HEIGHT

The distance measured from the surface of the tower foundation or roof mounting to the highest point of the turbine rotor blade.

ULTIMATE RIGHT-OF-WAY

The future plan width of a street, road, alley, crosswalk or similar place as shown on the Official Map of the Township on file with the Township, or as required by the Township ordinance or Subdivision and Land Development Ordinance, whichever is greater.

UNIFORMITY RATIO (AVERAGE TO MINIMUM)

Within a given area, minimum footcandle levels do not fall below a set percentage of the average footcandle level for the same area.

USE

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

UTILITY

Any agency that under public franchise or ownership or under certificate of convenience and necessity or by grant of authority by a governmental agency directly provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar service.

VARIANCE

Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter, as applied to a specific property, in accordance with the provisions of Article XX.

VERTICAL MIXED-USE

A nonresidential use on the ground floor of a building, such as a shop, store, studio, office, cafe, personal service establishment, or other place of business, in combination with a dwelling unit or units located in upper levels above such places of business.

WAREHOUSE

A building used primarily for the storage of goods and materials.

WATERCOURSE

A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. For the purposes of this Zoning Ordinance, a watercourse shall not include man-made swales constructed expressly for the purpose of stormwater management.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

WETLANDS

Those areas inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances, do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ponds, and similar areas. Wetlands include all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection or the United States Army Corps of Engineers. In the event there is a conflict among these definitions, the most restrictive definition shall apply.

WETLANDS MARGIN

The transitional area extending from the outer limits of a wetlands for a distance of 75 feet or to the limits of hydric soils, whichever is greater.

WIND ENERGY FACILITY OR WIND ENERGY FACILITIES

A facility which generates electricity through wind energy. Wind energy facilities shall consist of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, and transmission lines. Wind energy facilities provide electricity primarily for on-site use. The sale, from time to time, of excess electricity generated by the facility to an electrical utility company is permitted.

WIND TURBINE

A wind energy system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PC, microwave, satellite, or radio signals.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.

WOODLAND DISTURBANCE

Any activity which alters the existing structure of a woodland or hedgerow. Such alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species. Woodland disturbance also includes any activity which constitutes a land disturbance (exposes soils or alters topography) within a woodland or hedgerow. Woodland disturbance does not include timber harvesting or the selective cutting or removal of invasive plant species when conducted in accordance with a timber harvest plan.

WOODLANDS

A tree mass or plant community in which tree species are dominant or co-dominant and the branches of the trees form a complete or nearly complete aerial canopy. Any area, grove, or stand of mature or mostly mature trees (i.e., larger than six inches diameter at breast height) covering an area of 1/4 acre or more, or consisting of 10 individual trees larger than 18 inches diameter at breast height, shall be conserved as a woodland. For the purposes of this Zoning Ordinance, Chapter 200, the extent of any woodland plant community or any part thereof shall be measured from the outermost dripline of all the trees in the community.

YARD SALE

A sale of personal property offered at a private residence or place of business. Such sales may be held for two days on any weekend, two times a year.

YARD, FRONT

A yard extending the full width of the front lot line and extending in depth from such lot line to the nearest point of any buildings on the lot.

YARD, REAR

A yard extending the full with of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any building on the lot.

YARD, SIDE

A yard extending the full depth of the lot along a side lot line and extending in width from such lot line to the nearest point of any building on the lot.

MapLink™ | Definitions